terms & conditions

Welcome to Arkitchen, Central Arkansas’ Largest Professional Commercial Kitchen.The following are the Terms of this website, owned and operated by Lambshed, LLC. All visitors agree that access to and use of this site are subject to the following terms and other applicable laws. If you do not agree to these terms, you should not use or access this website. “Arkitchen” or “the Company” reserves the right to revise these terms at any time by updating this agreement.

Our Guarantee:

It has been and will always be our mission to help small and local culinary businesses; as well as, to provide an opportunity for growth and expansion. We will provide you with a fully licensed commercial kitchen to help you achieve your goals.

Terms:For your convenience, all contract kitchen time is paid for in advance at the beginning of the month on the 1st day of every month in your contract. Additional hours needed may be leased if you go over your contracted amount. Any overages you have incurred can be ordered immediately via the site. Clients are responsible for reserving cold and dry storage that will be used through the month. Failure to schedule overages, or not paying for storage fees at the beginning of the month will make cause for penalties to be determined by Arkitchen, with or without consent from the client.

Payment Terms:You may book up to four pieces of gas/electrical equipment at a time, but please book only the equipment that you need. If you need more equipment, please contact a Arkitchen representative. All reservation for the Arkitchen facilities must be made 24 hours in advance. Using the kitchen without booking – You will be billed at the non-scheduled kitchen time rate of $40 per hour.

Arriving early or needing to stay late in lieu of your reserved time:Your time slot that you have reserved may not be extended for the beginning or end of your reserved time. Please be respectful of other client’s reservations and make sure you allocated enough time for yourself to load, unload, prep, cook, clean, etc. and you do not interfere with other client’s scheduled use of the facility.

Cancellation and Scheduler Abuse:Once your time has been reserved, the space becomes unavailable to others. We strongly recommend that you use your time wisely and consider how much time is needed to prepare your products and clean your station, storage, and refrigeration units. All Chefs are required to give a 24-hour notice to cancel or reschedule. A 24-hour notice of cancellation or re-scheduling is required to move to another date, considering that date is available. Less than 24 hours notice means that you will be charged for the time scheduled and not used.

Payment terms are within the Company’s sole discretion, and, unless otherwise agreed to by the Company, payment must be made at the time of purchase. All kitchen time must be paid for in advance at the beginning of the month, and membership fees are due on the 1st . Automatic payment are made online with a credit or debit card. Additional hours needed may be leased if you go over your agreed amount. Any overages you have incurred will be billed immediately. Your order is subject to cancellation by the Company, at the Company’s sole discretion. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.Chargebacks of Credit Cards will result in a $50 fee. Returned checks will result in a $40 fee.

Use of the Kitchen Facilities:Clients of the Arktichen facilities are expected to follow all proper state and local sanitation requirements and ServSafe standards, as well as keeping the Arkitchen facility clean and in a professional state. Clients are also expected to properly clean and sanitize during their reserved time and make sure the Arkitchen facility is ready for the next client to use. The Arkitchen facility may be busy at times (health department, potential clients, customers, visitors, etc.) and it is very important that you, our client, maintain the highest standards of cleanliness and professionalism.

Returns and Refunds:

General Terms and Conditions(excluding Walk-in Membership):Arkitchen may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Arkitchen.Auto Renewal / Subscriptions / Renewals / Etc.:Arkitchen Contracts will renew automatically near the 1st of every month, based on lease terms defined. No refunds will be provided during the contract year annually, or-semi-annually. Calcellation requests need to be submitted to our team for review. 30 days notice is required. Email notice to jon@arkitchenlr.com. Walk-in Memberships also have no refund.

Credit Card Security:For additional security, we use Authorize.net and/or other reputable merchant processors to process all orders and do not store any credit card information on our servers.Limitations of Liability:The Company is not responsible for any injury incurred from using or abusing our kitchen. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages to yourself or others.

Binding Arbitration:Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and the Company, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the Company’s advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its code of procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and the Company. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Company will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

Modifications:

Arkitchen reserves the right, at any time, to modify, suspend, or discontinue the site or its services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or services or any part thereof.

Account Responsibilities:You are responsible for maintaining the confidentiality of your Arkitchen online account information and are fully responsible for all activities that occur under your Arkitchen account. You agree to immediately notify Arkitchen of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Arkitchen cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Indemnification:You agree to indemnify, defend, and hold harmless Arkitchen, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Governing Law:Your use of this site shall be governed in all respects by the laws of the state of Arkansas (Arkitchen’s choice), without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Arkitchen products) shall be in the state or federal courts located in Little Rock, Arkansas (Arkitchen’s choice). Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Arkitchen products) must be commenced within one (1) year after the claim or cause of action arises. Arkitchen’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Arkitchen may assign its rights and duties under this Agreement to any party at any time without notice to you.

Fraud Protection:As part of our order processing procedures, we may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse any order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Warranty Disclaimer:This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Arkitchen disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Arkitchen does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Arkitchen does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Disputes:We work hard to keep our customers satisfied. If a dispute arises between you and Arkitchen, our goal is to provide a means of quickly resolving the dispute. If you have any concern or dispute about the services, you agree to first try to resolve the dispute informally by contacting us.If your dispute is not resolved within 30 days after contacting us, then you and Arkitchen agree that we will resolve it through final and binding arbitration, with the following three exceptions:1. You may assert your dispute, if it qualifies, in small claims court.2. Both you and Arkitchen may bring a suit in court in the state of Arkansas only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.3. If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

Arbitration Rules:

To begin an arbitration proceeding, send a certified letter requesting arbitration and describing your claim to the 9813 West Markham, Little Rock, AR, 72205. Any arbitration will be conducted by the American Arbitration Association (AAA) under its rules and will be held in the State of Arkansas.No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.Injunctive Relief: If you use the services in violation of these Terms, you agree that we are entitled to any injunctive remedy or an equivalent type of urgent legal relief in the appropriate jurisdiction.This dispute resolution process will continue after you have stopped using the services.No Waiver:Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.

Prepayment Terms and Conditions:Prepayment means that you have paid for your kitchen in advance, at the time of booking.If you have prepaid your rental, Arkitchen is subject to the following terms and conditions (the “Terms”). If You do not agree with these Terms, contact an Arkitchen Representative.Subject to specific temporary promotions that may apply, prepaid rates are non-discountable and cannot be combined with any other promotional offer. Arkitchen rental time is not transferable to any third party. Only the card holder can benefit from prepaid rates.